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Comrrission  Government 
The   Des  Moines   Plan 

By 
Benjamin  P.    Shambaugh 


COMMISSION   GOVERNMENT 


THE  DES  MOINES  PLAN 


BY 


BENJAMIN  F.  SHAMBAUGH 


THE  STATE  HISTORICAL  SOCIETY  OP  IOWA 
IOWA  CITY  IOWA  JANUARY  1912 


COMMISSION  GOVERNMENT  IN  IOWA 


Digitized  by  the  Internet  Archive 

in  2008  with  funding  from 

Microsoft  Corporation 


http://www.archive.org/details/commissiongovernOOsham 


COMMISSION  GOVERNMENT  IN  IOWA 
THE  DES  MOINES  PLAN 


BY 

BENJAMIN  F.  SHAMBAUGH 

PROFESSOR    OF    POLITICAL    SCIENCE    IN    THE    STATE    UNIVERSITY    OF    IOWA 
AND    SUPERINTENDENT    OF    THE    STATE    HISTORICAL    SOCIETY    OF    IOWA 


THE  STATE  HISTORICAL  SOCIETY  OF  IOWA 
IOWA  CITY  IOWA  JANUARY  1912 


PREFACE 

Upon  the  request  of  Mr.  Clyde  L.  King  a  paper 
bearing  the  title  of  Commission  Government  in 
Iowa:  The  Des  Moines  Plan  was  prepared  by  the 
author  for  publication  in  the  Annals  of  the  Amer- 
ican Academy  of  Political  and  Social  Science. 
Having  appeared  in  the  November,  1911,  number 
of  the  Annals,  the  paper  is  now  with  permission 
reprinted  by  The  State  Historical  Society  of  Iowa. 
Notes  and  references  as  well  as  a  comprehensive 
index  follow  the  text. 

Benj.  F.  Shambaugh 

Office  of  the  Superintendent  and  Editor 

The  State  Historical  Society  of  Iowa 

Iowa  City  Iowa  January  1912 


COMMISSION  GOVERNMENT  IN  IOWA 
THE  DES  MOINES  PLAN 

Commission  government  in  Iowa  is  a  municipal  ex- 
periment in  an  interesting  field.1     Indeed,  not  a  little 
surprise  has  been  expressed  that  this  state,  which  is 
still  generally  characterized  as  an  agricultural   and 
stock-raising  commonwealth,  should  have  given  birth 
to  a  plan  of  municipal  reform  that  within  a  brief  period 
of  three  years  promises  to  play  an  important  role  in 
«  the  evolution  of  city  government  in  the  United  States. 
•»s  The  social  and  political  conditions  of  Iowa  have  for  the 
X  most  part  been  sane  and  normal;  and  the  people,  al- 
though progressive,  are  as  a  whole  neither  extreme  in 
their  views  nor  radical  in  their  reforms. 
w      In    1910    the    population    of    the    state    numbered 
•V  2,224,771  persons,  of  whom  1,117,490  lived  in  the  in- 
*  corporated  towns  and  cities,  which  for  purposes  of 
.  state  legislation  are  classified  as  (a)  cities  of  the  first 
class,  having  a  population  of  15,000  or  over,  (b)  cities 
of  the  second  class,  having  a  population  between  2,000 
and  15,000,  and  (c)  towns,  having  a  population  under 
.^  2,000.     There  are  also  a  few  special  charter  cities  — 
5  so-called  from  the  fact  that  they  operate  under  special 
^  charters  granted  by  the  legislature  prior  to  the  adop- 
tion of  the  Constitution  of  1857.    In  1910  there  were, 
in  addition  to  the  7  cities  which  had  adopted  commis- 


822407 


8  COMMISSION  GOVERNMENT  IN  IOWA 

sion  government,  4  cities  of  the  first  class,  88  cities  of 
the  second  class,  725  towns,  and  5  special  charter  cities. 
Moreover,  there  are  in  Iowa  no  really  large  cities  — 
the  largest  being  Des  Moines  with  a  population  which 
does  not  exceed  90,000.2 

Nor  has  the  government  of  the  incorporated  munici- 
palities of  Iowa  been  characterized  by  any  striking  or 
unusual  features.  The  organizations  of  the  several 
classes  of  cities  are  and  always  have  been  very  similar, 
consisting  of  a  council,  a  mayor,  a  clerk,  a  treasurer, 
an  assessor,  a  marshal,  and  other  officers  necessitated 
by  the  size  and  local  conditions  of  the  municipality. 
In  the  towns  the  council,  which  is  a  subordinate  law- 
making body,  consists  of  five  members,  elected  at  large ; 
while  in  the  cities  of  the  first  and  second  class  the 
council  is  made  up  of  one  alderman  from  each  ward 
and  two  additional  aldermen  elected  at  large.  The 
mayor,  chosen  for  a  term  of  two  years,  appoints  such 
officials  as  the  street  commissioner,  the  city  physician, 
the  marshal,  and  the  policemen.  In  a  general  way  he 
superintends  the  administration  of  city  affairs  and  * 
acts  as  a  conservator  of  the  peace.  He  presides  at  the 
meetings  of  the  council  and  participates  in  its  deliber- 
ations ;  but  he  has  no  vote  except  in  case  of  a  tie.  The 
mayor  may  veto  acts  of  the  council;  but  by  a  two- 
thirds  vote  the  council  may  pass  such  acts  over  the 
executive  disapproval.  In  short  the  government  of 
Iowa  cities  —  excepting  of  course  those  now  operating 
under  the  commission  plan  —  is  modeled  largely  upon 
the  so-called  Federal  Plan,  wherein  there  is  a  distinct 


THE  DES  MOINES  PLAN  9 

recognition  of  the  principle  of  the  separation  of  pow- 
ers with  its  usual  system  of  checks  and  balances.3 

Again  it  may  be  asserted  that  there  has  been  nothing 
unusual  in  the  history  of  municipal  administration  in 
Iowa.  The  results  here  have  been  typical  —  no  better 
and  no  worse  than  in  other  American  jurisdictions.  To 
be  sure  there  is  nothing  in  Iowa  to  parallel  the  sen- 
sational stories  of  misgovernment  furnished  by  such 
cities  as  New  York,  Philadelphia,  St.  Louis,  and  San 
Francisco.  At  the  same  time  the  municipalities  of 
Iowa  from  the  smallest  incorporated  towns  to  the 
largest  cities  of  the  first  class  have  their  own  record  of 
inefficiency  and  petty  grafting.  It  is,  moreover,  an 
erroneous  notion  commonly  entertained  that  in  munic- 
ipal affairs  maladministration  and  crookedness  are 
largely  if  not  wholly  confined  to  the  larger  cities. 
Whereas,  if  the  evils  of  partisanship,  incompetency, 
and  petty  grafting  in  the  towns  and  cities  of  Iowa  could 
be  massed,  the  facts  and  figures  would  be  no  less  ap- 
palling. Indeed,  the  enormous  waste  resulting  from 
inefficiency  in  administration  would  alone  furnish  sur- 
prising totals. 

To  be  more  specific,  it  may  be  said  that  the  cities  of 
Iowa  large  and  small  have  suffered  not  a  little  from 
machine  politics  and  from  nearly  every  form  of  munic- 
ipal corruption,  but  most  of  all  from  inefficient  and  in- 
competent administration.  In  the  larger  cities  like  Des 
Moines  the  situation  has  seemed  to  be  more  serious. 
Here  the  ward  system  of  representation  in  the  council 
has  too  often  proved  a  hopeless  failure,  tending  as  it 


10  COMMISSION  GOVERNMENT  IN  IOWA 

does  to  foster  local  selfishness,  log-rolling,  and  indif- 
ference to  the  more  general  interests  of  the  community. 
Here,  too,  bribery  of  voters  has  at  times  been  practiced, 
and  the  stealing  of  ballot  boxes  is  not  unknown.  Mem- 
bers of  the  council  have  in  not  a  few  instances  been  in 
' 'profitable  contract  relations  with  the  public  service 
corporations".  And  the  city  hall  was  generally  "a 
circumlocution  office,  where  it  was  usually  impossible 
to  find  any  official  who  could  do  more  with  any  petition 
or  complaint  than  take  it  under  advisement  and  refer 
it  to  somebody  else  who  was  equally  unwilling  to  give 
it  attention."4 

It  was  not,  however,  the  result  of  any  exposure  of 
municipal  corruption  nor  yet  the  certain  knowledge  of 
enormous  waste  due  to  incompetent  administration 
that  led  the  Thirty-second  General  Assembly  in  1907  to 
make  provision  for  commission  government  in  certain 
Iowa  cities.  The  action  taken  by  the  legislature  was 
clearly  the  outcome  of  an  agitation  begun  by  Mr.  James 
G.  Berryhill  and  Mr.  Harvey  Ingham  and  deliberately 
carried  forward  by  them  and  other  citizens  of  Des 
Moines.5 

Mr.  Berryhill  had  become  favorably  impressed  with 
the  plan  and  workings  of  commission  government  in 
Texas  while  upon  business  in  the  city  of  Galveston; 
and  through  him  Mr.  Ingham,  editor  of  The  Register 
and  Leader,  was  interested  in  the  Galveston  charter. 
Mr.  Berryhill  was  invited  to  make  a  public  report  on 
the  new  scheme  of  municipal  administration  at  a  meet- 
ing called  by  the  Commercial  Club  of  Des  Moines  and 


THE  DES  MOINES  PLAN  H 

held  on  November  16,  1905.  The  interest  and  enthusi- 
asm aroused  at  this  meeting  led  to  the  definite  organ- 
ization of  a  propaganda  for  the  adoption  of  a  similar 
plan  of  government  by  Des  Moines.  "Other  meetings 
were  held  and  a  standing  committee  of  two  hundred 
citizens  named.  A  sub-committee  was  appointed  to 
draft  a  new  form  of  government  for  the  city,  with  the 
understanding  that  the  Galveston  charter  was  to  be 
broadly  followed  as  a  model."6 

In  due  time  and  after  no  little  discussion  a  commis- 
sion charter  was  framed  in  the  form  of  a  bill  and 
introduced  in  the  General  Assembly  which  was  then 
(1906)  in  session.7  At  that  time  there  was  among  the 
citizens  of  Des  Moines  a  sharp  division  of  opinion  as 
to  the  value  of  the  proposed  plan;  while  among  the 
legislators  the  scheme  was  regarded  as  decidedly  vis- 
ionary and  impracticable.  The  politicians,  very  natur- 
ally, were  opposed  to  legislation  which  threatened  the 
existence  of  the  machine.  As  a  consequence  the  pro- 
posed bill  did  not  become  a  law :  it  died  in  committee. 
But  the  reform  movement  did  not  die  with  the  bill.  In- 
deed, it  now  became  a  part  of  the  "boosting"  program 
of  the  Greater  Des  Moines  Committee.  Especially  did 
Mr.  Ingham  further  the  agitation  through  the  columns 
of  matter  which  appeared  on  his  editorial  page  in  The 
Register  and  Leader.  Much  effective  work  was  also 
done  in  this  campaign  of  education  by  Mr.  Lafayette 
Young,  editor  of  The  Des  Moines  Capital,  and  Mr.  Wm. 
G.  Hale,  editor  of  The  Des  Moines  News.8 

The  gospel  of  commission  government  now  spread 


12  COMMISSION  GOVERNMENT  IN  IOWA 

rapidly.  A  large  number  of  citizens  became  deeply 
interested.  Some  were  enthusiastically  for  the  new 
plan;  while  others  were  just  as  vigorous  in  their  op- 
position. The  scheme  was  discussed  from  every  pos- 
sible viewpoint.  It  was  compared  with  other  plans  for 
municipal  reformation.  For  a  while  the  "  Indianapolis 
Plan"  was  a  formidable  rival  for  public  favor.  As  a 
means  of  ascertaining  public  sentiment  a  newspaper 
ballot  was  taken  by  both  The  Register  and  Leader  and 
The  Des  Moines  Capital.9  On  January  31, 1907,  a  joint 
discussion  was  held  in  public  at  which  three  hundred 
citizens  were  named  by  the  Commercial  Club  to  act  as 
a  jury.  The  Galveston  Plan  won  the  decision  by  a  con- 
siderable majority.  Then  followed  the  appointment  of 
a  charter  committee  consisting  of  Messrs.  James  G. 
Berryhill,  William  H.  Baily,  I.  M.  Earle,  John  M.  Read, 
and  Silas  B.  Allen.10  By  this  committee  the  "Des 
Moines  Plan"  of  commission  government  was  framed 
and  submitted  to  the  Thirty-second  General  Assembly 
by  which  it  was  written  into  the  statute  laws  of  the 
state  under  the  title  of  "An  Act  to  provide  for  the 
government  of  certain  cities,  and  the  adoption  thereof 
by  special  election",  approved  March  29,  1907.11 

Thus  after  nearly  two  years  of  active  agitation  and 
intensive  discussion  commission  government  was  es- 
tablished in  Iowa.  The  successful  outcome  of  the 
agitation  was  due  partly  to  the  reform  spirit  of  the 
times,  partly  to  the  cumulative  efforts  of  a  group  of 
Des  Moines  citizens  who  had  for  years  worked  cour- 
ageously for  better  city  government,  and  partly  to  the 


THE  DES  MOINES  PLAN  13 

enthusiasm  of  men  like  Mr.  Berryhill  and  Mr.  Ingham 
who  espoused  the  cause  of  commission  government  as 
a  business  proposition  and  a  sure  means  of  municipal 
salvation. 

The  act  of  the  Thirty-second  General  Assembly 
establishing  commission  government,  or  what  has  come 
to  be  very  generally  known  as  the  Des  Moines  Plan, 
went  into  effect  on  April  1,  1907,  and  not  long  there- 
after was  adopted  by  the  cities  of  Des  Moines  and 
Cedar  Rapids.  Under  the  provisions  of  the  act  of  1907 
only  cities  of  the  first  class  or  with  special  charters, 
having  a  population  of  25,000  or  over,  could  take  ad- 
vantage of  the  plan;  but  two  years  later  (1909)  the 
original  act  was  so  modified  as  to  include  any  city  hav- 
ing a  population  of  7,000  or  over.12  Other  modifica- 
tions were  made  both  by  the  Thirty-third  General 
Assembly  in  1909  and  by  the  Thirty-fourth  General 
Assembly  in  1911  ;13  but  the  Des  Moines  Plan  in  all  of 
its  essential  and  characteristic  features  stands  to-day 
as  originally  outlined  by  the  charter  committee  of  Des 
Moines  citizens. 

Although  suggested  by  and  modeled  upon  the  Gal- 
veston Plan,  the  Des  Moines  Plan  is  something  more 
than  a  revised  and  improved  edition  of  the  Galveston 
charter :  it  is  a  distinct  species  of  commission  govern- 
ment. Its  framers,  while  endeavoring  to  "  enable  the 
people  of  Des  Moines  to  free  themselves  permanently 
from  the  burdens  of  bad  government",  sought  to  pro- 
duce a  charter  in  which  democracy  and  efficiency  would 
be  combined  "in  the  greatest  practicable  degree".14 


14  COMMISSION  GOVERNMENT  IN  IOWA 

And  so  upon  the  Galveston  charter  they  engrafted  the 
newer  institutional  forms  of  democracy  such  as  the 
non-partisan  primary,  the  initiative,  the  protest,  the 
referendum,  the  recall,  and  the  merit  system.  It  can 
not,  of  course,  be  claimed  that  any  of  the  cardinal  fea- 
tures of  the  Des  Moines  Plan  are  new  inventions  in 
the  history  of  government.  On  the  contrary,  its  prin- 
ciples are  but  appropriations  and  adaptations  from  the 
charters  and  experiences  of  other  cities  and  jurisdic- 
tions. Nevertheless  the  combination  of  principles  and 
institutions  and  their  adaptation  to  the  exigencies  of 
modern  urban  conditions  sufficiently  warrant  the  claim 
that  the  plan  as  a  whole  is  a  new  and  distinct  species  of 
city  government  in  the  same  sense  in  which  it  may  be 
claimed  that  the  Constitution  of  the  United  States  — 
the  framers  of  which  drew  most  heavily  upon  the  first 
state  constitutions  and  the  political  experiences  of  the 
Colonies  —  really  gave  to  the  world  a  new  form  of  na- 
tional government. 

Commission  government  in  Iowa  is  not  forced  upon 
any  class  of  towns  or  cities :  on  the  contrary,  its  estab- 
lishment is  optional  with  the  people.  To  bring  about 
its  adoption  and  organization  in  any  city  of  the  state 
having  the  requisite  population  of  at  least  7,000  it  is 
only  necessary  for  a  certain  number  of  electors15  to 
petition  for  the  submission  of  the  question  to  a  vote  of 
the  people.  A  special  election  is  held  upon  the  procla- 
mation of  the  mayor.  Should  the  plan  be  rejected  at 
this  election,  the  question  to  adopt  may  not  again  be 
submitted  within  a  period  of  two  years  thereafter.    If, 


THE  DES  MOINES  PLAN  15 

however,  the  plan  is  approved  the  people  proceed  at 
the  next  regular  city  election  (or  at  a  special  election 
if  the  regular  election  does  not  occur  within  a  year)  to 
the  selection  of  a  mayor  and  councilmen.  Organization 
of  the  new  government  is  effected  on  the  first  Monday 
after  the  election  of  officers  when  the  mayor  and  coun- 
cilmen meet,  make  the  required  assignment  of  depart- 
ments, and  elect  the  principal  city  officers.10 

All  laws  of  the  state  governing  cities  of  the  first  and 
second  class,  including  the  code  provisions  relative  to 
special  charter  cities,  and  not  inconsistent  with  the  pro- 
visions of  the  commission  act,  continue  to  apply  to  and 
govern  the  new  organization;  and  until  altered  or  re- 
pealed by  the  new  council  all  by-laws,  ordinances  and 
resolutions  in  force  under  the  former  city  organization 
remain  in  full  force  and  effect  under  the  commission 
organization.  The  territorial  limits  of  the  city  remain 
the  same  as  under  the  old  organization ;  and  the  rights 
and  property  vested  in  the  city  under  its  former  organ- 
ization remain  undisturbed  by  the  change.  Moreover, 
any  city  which  shall  have  operated  for  more  than  six 
years  under  the  commission  plan  may,  by  voting  to  do 
so,  abandon  such  organization  and  accept  the  govern- 
ment provided  by  the  general  state  law  for  cities  of  its 
class.17 

Commission  government  under  the  Des  Moines  Plan 
is  really  a  very  simple  affair.  It  is  not  only  simple  but 
direct.  It  organizes  the  city  as  a  unit,  making  it  pos- 
sible for  the  people  at  all  times  to  act  ' '  together  along 
simple  and  direct  lines ' '.    The  government  consists  pri- 


16  COMMISSION  GOVERNMENT  IN  IOWA 

marily  of  a  council,  which  is  composed  of  a  mayor  and 
four  councilmen  in  cities  having  a  population  of  25,000 
or  over,  or  of  a  mayor  and  two  councilmen  in  cities  hav- 
ing a  population  of  7,000  and  less  than  25,000.  The 
members  of  this  council  are  nominated  and  elected  at 
large,  hold  office  for  the  term  of  two  years,  and  receive 
a  stipulated  salary  for  their  services.18  It  is  upon  the 
members  of  this  governing  council  (which  constitutes 
the  commission)  that  the  law  confers  "all  executive, 
legislative  and  judicial  powers  and  duties"  possessed 
by  the  government  and  officers  of  cities  of  the  first  and 
second  class  and  those  under  special  charter.19 

All  other  officers  and  assistants,  including  a  city 
clerk,  a  solicitor,  an  assessor,  a  treasurer,  an  auditor, 
a  civil  engineer,  a  city  physician,  a  marshal,  a  market 
master,  a  street  commissioner,  three  library  trustees, 
"and  such  other  officers  and  assistants  as  shall  be  pro- 
vided for  by  ordinance  and  necessary  to  the  proper  and 
efficient  conduct  of  the  affairs  of  the  city"  are  elected 
by  a  majority  vote  of  the  council.  And  "any  officer  or 
assistant  elected  or  appointed  by  the  council  may  be  re- 
moved from  office  at  any  time  by  vote  of  a  majority 
of  the  members  of  the  council."20  In  cities  of  the  first 
class,  not  having  a  superior  court,  the  council  is  di- 
rected to  appoint  a  police  judge ;  while  in  cities  of  the 
second  class,  not  having  a  superior  court,  the  mayor  is 
directed  to  hold  police  court  as  provided  by  law.  The 
council,  moreover,  is  empowered  to  create,  fill,  and  dis- 
continue offices  and  employments  according  to  their 
judgment  of  the  needs  of  the  city. 


THE  DES  MOINES  PLAN  17 

Thus  in  the  Des  Moines  Plan  authority  and  respon- 
sibility are  drawn  together,  unified,  and  consolidated  in 
the  hands  of  a  very  few  officers  —  the  members  of  the 
council.  The  old  principle  of  the  separation  of  powers 
is  ignored,  and  within  the  organization  itself  there  is 
practically  no  provision  for  checks  and  balances.  This 
does  not  mean,  however,  that  the  Des  Moines  Plan  is  a 
scheme  of  absolute  government;  for  in  the  initiative, 
the  protest,  the  referendum,  and  the  recall  the  elec- 
torate possesses  adequate  checks  upon  the  government. 
Indeed,  the  thorough  going  democracy  of  the  Des 
Moines  Plan  is  clearly  seen  in  the  institutional  forms 
of  popular  government  which  determine  the  relation 
between  the  members  of  the  council  and  the  electorate. 
It  is  safe  to  say  that  commission  government  is  the 
most  democratic  of  all  forms  of  municipal  organization 
thus  far  devised. 

The  mayor  and  the  councilmen,  being  the  only  elec- 
tive officers  under  the  Des  Moines  Plan,  the  benefits 
and  advantages  of  short  ballot  government  are  se- 
cured to  the  commission  cities  of  Iowa.  Indeed,  com- 
mission government  is  short  ballot  government.21 
Furthermore  the  few  elective  officers  are  nominated 
and  chosen  at  large,  by  the  process  of  a  non-partisan 
double  election.22  The  first  election,  which  is  held  on 
the  second  Monday  preceding  the  general  municipal 
election,  is  a  non-partisan  primary  at  which  any  elector 
of  the  city  may  become  a  candidate  for  mayor  or  coun- 
cilman and  request  that  his  name  be  placed  upon  the 
official  primary  ballot,  provided  he  files  at  the  same 


18  COMMISSION  GOVERNMENT  IN  IOWA 

time  a  petition  signed  by  at  least  twenty-five  electors 
requesting  his  candidacy.  On  the  official  primary  bal- 
lot all  the  names  of  the  qualified  candidates  are  printed 
in  alphabetical  order  —  the  names  of  the  candidates 
for  mayor  appearing  in  a  list  at  the  top  of  the  ballot, 
followed  below  by  a  list  of  the  candidates  for  council- 
man. 

At  the  first  or  primary  election  the  persons  qualified 
to  vote  at  the  general  municipal  election  may  vote  for 
only  one  of  the  candidates  for  mayor  and  for  not  more 
than  four  (or  two  as  the  case  may  be)  of  the  candidates 
for  councilman  by  placing  a  cross  in  the  square  which 
appears  in  front  of  the  names  of  his  choice.  The  meth- 
od of  conducting  this  primary  election  is  in  all  respects 
the  same  as  prescribed  for  the  general  municipal  elec- 
tions.23 

At  the  next  general  municipal  election  following  the 
first  or  primary  election  the  two  candidates  receiving 
the  highest  number  of  votes  for  mayor  at  the  first  elec- 
tion are  the  only  candidates  for  mayor  whose  names 
may  appear  on  the  official  ballot;  and  the  eight  (or  four 
as  the  case  may  be)  candidates  receiving  the  highest 
number  of  votes  for  councilman  at  the  first  election  are 
the  only  candidates  for  councilman  whose  names  may 
appear  on  the  official  ballot  at  the  final  election.  At 
this  second  election  the  candidate  receiving  the  highest 
number  of  votes  for  mayor  is  declared  elected,  and  the 
four  (or  two  as  the  case  may  be)  candidates  for  council- 
man receiving  the  highest  number  of  votes  for  council- 
man are  declared  to  be  the  dulv  elected  members  of  the 


THE  DES  MOINES  PLAN  19 

council.  Should  any  vacancy  occur  in  the  council  the 
remaining  members  are  empowered  to  fill  the  position 
by  the  appointment  of  a  person  for  the  balance  of  the 
unexpired  term. 

For  the  prevention  of  corrupt  practices  at  elections 
held  under  the  commission  plan,  the  statute  provides 
that  "any  person  who  shall  agree  to  perform  any  ser- 
vices in  the  interest  of  any  candidate  for  any  office 
.  .  .  in  consideration  of  any  money  or  other  valu- 
able thing  .  .  .  shall  be  punished  by  a  fine  not  ex- 
ceeding three  hundred  dollars  ($300),  or  be  imprisoned 
in  the  county  jail  not  exceeding  thirty  (30)  days." 
Again  "any  person  offering  to  give  a  bribe,  either  in 
money  or  other  consideration,  to  any  elector  for  the 
purpose  of  influencing  his  vote  at  any  election  provided 
in  this  act,  or  any  elector  entitled  to  vote  at  any  such 
election  receiving  and  accepting  such  bribe  or  other 
consideration ;  any  person  making  false  answer  to  any 
of  the  provisions  of  this  act  relative  to  his  qualifications 
to  vote  at  said  election ;  any  person  wilfully  voting  or 
offering  to  vote  at  such  election  who  has  not  been  a 
resident  of  this  state  for  six  months  next  preceding 
said  election,  or  who  is  not  twenty-one  years  of  age,  or 
is  not  a  citizen  of  the  United  States ;  or  knowing  him- 
self not  to  be  a  qualified  elector  of  such  precinct  where 
he  offers  to  vote;  any  person  knowingly  procuring,  aid- 
ing or  abetting  any  violation  hereof  shall  be  deemed 
guilty  of  a  misdemeanor  and  upon  conviction  shall  be 
fined  a  sum  not  less  than  one  hundred  dollars  ($100), 
nor  more  than  five  hundred  dollars  ($500),  and  be  im- 


20  COMMISSION  GOVERNMENT  IN  IOWA 

prisoned  in  the  county  jail  not  less  than  ten  (10)  or 
more  than  ninety  (90)  days." 

One  of  the  aims  of  the  Des  Moines  Plan  is  to  rid  the 
government  of  machine  politics  and  boss  rule.  And  so 
both  the  first  and  second  election  are  placed  upon  a 
strictly  non-partisan  basis.  "No  party  designation  or 
mark  whatsoever"  is  permitted  on  the  official  ballots. 
For  an  officer  or  employee  to  attempt  to  influence  the 
political  views  of  other  officers  or  employees  or  induce 
them  to  support  a  particular  person  or  candidate  for 
office  or  to  make  any  kind  of  contribution  for  election 
purposes  constitutes  a  misdemeanor  punishable  by  fine 
or  imprisonment.  Moreover,  members  of  the  fire  and 
police  departments  are  specifically  prohibited  from 
contributing  "any  money  or  anything  of  value  to  any 
candidate  for  nomination  or  election  to  any  office  or  to 
any  campaign  or  political  committee."24 

To  secure  the  responsibility  of  the  members  of  the 
council  directly  to  the  people,  the  Des  Moines  Plan 
makes  provision  for  their  possible  removal  from  office 
by  the  process  known  as  the  Eecall.  Thus,  should  the 
conduct  of  a  member  of  the  council  become  intolerable 
a  petition  signed  by  a  given  number  of  electors25  de- 
manding an  election  of  a  successor  to  the  person  sought 
to  be  removed  and  setting  forth  the  grounds  for  which 
the  removal  is  sought  is  filed  with  the  city  clerk,  who 
carefully  examines  its  sufficiency  and  transmits  it  to 
the  council.  The  council  thereupon  makes  the  neces- 
sary provisions  for  the  election,  which  is  conducted  in 
all  respects  as  are  other  city  elections.     The  person 


THE  DES  MOINES  PLAN  21 

"sought  to  be  removed  may  be  a  candidate  to  succeed 
himself,  and  unless  he  requests  otherwise  in  writing, 
the  clerk  shall  place  his  name  on  the  official  ballot, 
without  nomination."  Other  candidates  for  the  posi- 
tion may  have  their  names  placed  upon  the  official  bal- 
lot without  the  intervention  of  a  primary  election  by 
filing  with  the  clerk  a  statement  of  candidacy  accom- 
panied by  a  petition  signed  by  a  specified  number20  of 
electors.  The  candidate  who  receives  the  highest  num- 
ber of  votes  at  this  election  is  qualified  to  hold  the  office 
during  the  unexpired  term  of  his  predecessor.  If,  how- 
ever, the  person  who  receives  the  highest  vote  does  not 
accept  the  office  the  position  is  deemed  vacant.27  More- 
over, this  method  of  removal  is  expressly  declared  to 
be  "cumulative  and  additional  to  the  methods  hereto- 
fore provided  by  law. ' ' 

For  the  better  and  more  business-like  conduct  of  the 
affairs  of  cities  operating  under  the  Des  Moines  Plan, 
the  executive  and  administrative  powers  and  duties  are 
distributed  by  the  council  among  five  departments 
which  are  known  as  (1)  the  department  of  public  af- 
fairs, (2)  the  department  of  accounts  and  finances,  (3) 
the  department  of  public  safety,  (4)  the  department  of 
streets  and  public  improvements,  and  (5)  the  depart- 
ment of  parks  and_  public  property.  The  powers  and 
duties  belonging  to  each  department  are  determined  by 
the  council,  which  also  prescribes  and  defines  the  pow- 
ers and  duties  to  be  exercised  by  all  other  city  officers, 
assistants,  and  employees,  and  assigns  each  to  one  or 
more  of  the  departments.28 


22  COMMISSION  GOVERNMENT  IN  IOWA 

It  is  specifically  provided  by  statute  that  the  mayor 
"shall  be  superintendent  of  the  department  of  public 
affairs,  and  the  council  shall  at  the  first  regular  meeting 
after  election  of  its  members  designate  by  majority 
vote  one  councilman  to  be  superintendent  of  the  depart- 
ment of  accounts  and  finances ;  one  to  be  superintendent 
of  the  department  of  public  safety ;  one  to  be  superin- 
tendent of  the  department  of  streets  and  public  im- 
provements; and  one  to  be  superintendent  of  the  de- 
partment of  parks  and  public  property."  In  cities 
having  a  population  of  less  than  25,000  each  of  the  two 
councilmen  is  assigned  two  of  the  departments  named. 
Moreover,  the  organization  of  the  council  is  elastic 
since  the  assignment  of  departments  may  be  changed 
by  the  council  "whenever  it  appears  that  the  public 
service  would  be  benefited  thereby."29  Thus  through 
the  division  and  specific  designation  of  powers  and 
duties  among  the  members  of  the  council,  the  fixing  of 
individual  responsibility  for  the  conduct  of  the  public 
business  becomes  possible  under  the  Des  Moines  Plan. 

The  council  is  required  by  statute  to  meet  on  the 
first  Monday  after  their  election  and  at  least  once  each 
month  thereafter.  As  a  matter  of  fact  it  meets  from 
one  to  three  times  each  week,  and  the  members  of  the 
council  are  at  their  desks  in  the  city  hall  every  day. 
Its  sessions  are  not  necessarily  open  to  the  public,  ex- 
cept those  "at  which  any  person  not  a  city  officer  is 
admitted."30  The  mayor,  who  is  designated  as  the 
president  of  the  council,  presides  at  all  of  its  meetings ; 
while  the  superintendent  of  the  department  of  accounts 


THE  DES  MOINES  PLAN  23 

and  finances,  who  is  named  as  the  vice-president  of  the 
council,  performs  all  of  the  duties  of  mayor  in  case  of 
a  vacancy  or  in  the  absence  or  inability  of  that  officer. 
Each  member  of  the  council  has  the  right  to  vote  on  any 
and  all  questions  coming  before  the  council,  no  matter 
whether  it  concerns  his  department  or  the  department 
of  another  member.  The  number  constituting  a  quo- 
rum depends  upon  the  size  of  the  council :  in  cities  hav- 
ing a  mayor  and  four  councilmen  it  is  three;  in  cities 
having  a  mayor  and  two  councilmen  it  is  two.  The 
number  of  affirmative  votes  necessary  to  the  adoption 
of  any  motion,  resolution  or  ordinance,  or  the  passage 
of  any  measure  whatsoever  is  three  in  the  larger  coun- 
cil and  two  in  the  smaller.  Every  motion,  resolution, 
or  ordinance  is  reduced  to  writing  before  being  voted 
upon,  and  upon  every  vote  the  yeas  and  nays  are  called 
and  recorded.3*  >* 

In  the  Des  J^oines  Plan  the  members  of  the  council 
are  equal  in  dignity  and  authority  —  excepting  the 
mayor,  whose  position  is  slightly  more  conspicuous  if 
not  much  more  important.  He  enjoys  the  title  of  mayor 
and  is  elected  as  such  by  the  people.  He  is  president 
of  the  council,  presides  over  its  deliberations,  signs  all 
of  its  resolutions  and  ordinances,  but  has  no  veto  pow- 
er. Besides  holding  the  portfolio  of  the  department  of 
public  affairs,  the  mayor  is  given  a  supervisory  power 
over  all  other  departments ;  and  he  may  report  to  the 
council  for  its  action  matters  pertaining  to  any  de- 
partment which  in  his  judgment  require  attention. 
Finally,  he  receives  a  salary  somewhat  larger  than  that 


24  COMMISSION  GOVERNMENT  IN  IOWA 

allowed  the  other  members  of  the  council.  Filled  by  a 
man  of  energy,  ability,  and  aggressive  personality,  the 
position  of  mayor  could  easily  become  one  of  dominat- 
ing influence. 

To  eliminate  certain  improper  influences  and  the 
temptation  to  act  otherwise  than  in  the  interest  of  the 
public,  officers  and  employees  are  prohibited  from  be- 
ing interested  directly  or  indirectly  in  any  contract  or 
job  for  work  or  materials  or  services  to  be  furnished  or 
performed  for  the  city.  Nor  may  officers  and  em- 
ployees have  an  interest  direct  or  indirect  in  any  con- 
tract or  job  for  work  or  materials  or  services  to  be 
furnished  or  performed  for  "any  person,  firm  or  cor- 
poration operating  interurban  railway,  street  railway, 
gas  works,  water  works,  electric  light  or  power  plant, 
heating  plant,  telegraph  line,  telephone  exchange  or 
other  public  utility  within  the  territorial  limits  of  the 
said  city. ' '  Finally  they  are  prevented  from  accepting 
special  favors,  such  as  franks  and  passes,  from  any  of 
the  public  service  corporations  operating  within  the 
city.32 

The  voting  of  appropriations,  the  ordering  of  im- 
provements, the  making  of  contracts,  and  the  granting 
of  franchises  are  checked  and  safeguarded  by  the  spe- 
cific publicity  requirement  that  "every  ordinance  or 
resolution  appropriating  money  or  ordering  any  street 
improvement  or  sewer,  or  making  or  authorizing  the 
making  of  any  contract,  or  granting  any  franchise  or 
right  to  occupy  or  use  the  streets,  highways,  bridges, 
or  public  places  in  the  city  for  any  purpose,  shall  be 


THE  DES  MOINES  PLAN 


L'O 


complete  in  the  form  in  which  it  is  finally  passed,  and 
remain  on  file  with  the  city  clerk  for  public  inspection 
at  least  one  week  before  the  final  passage  or  adoption 
thereof. '  '33 

The  Des  Moines  Plan  does  not  contemplate  munic- 
ipal ownership  and  operation  of  public  utilities.  But 
that  franchises  may  rest  upon  popular  sanction  it  is 
provided  that  "no  franchise  or  right  to  occupy  or  use 
the  streets,  highways,  bridges  or  public  places  in  any 
such  city  shall  be  granted,  renewed  or  extended,  except 
by  ordinance,  and  every  franchise  or  grant  for  inter- 
urban  or  street  railways,  gas  or  water-works,  electric 
light  or  power  plants,  heating  plants,  telegraph  or  tele- 
phone systems,  or  other  public  service  utilities  within 
said  city,  must  be  authorized  or  approved  by  a  ma- 
jority of  the  electors  voting  thereon  at  a  general  or 
special  election".34 

Moreover,  under  the  Des  Moines  Plan  the  people  not 
only  have  a  veto,  through  compulsory  referendum, 
upon  the  granting  of  franchises,  but  through  the  insti- 
tution of  the  protest  they  may  check  the  enactment  by 
the  council  of  any  ordinance  whatsoever.  Thus,  no 
ordinance  passed  by  the  council  (except  when  other- 
wise required  by  general  law  or  in  cases  of  urgency)35 
"shall  go  into  effect  before  ten  days  from  the  time  of 
its  final  passage;"  and  if  during  those  ten  days  a 
petition  signed  by  the  requisite  number  of  electors, 
protesting  against  the  passage  of  the  ordinance,  is 
presented  to  the  council  "the  same  shall  thereupon  be 
suspended  from  going  into  operation,  and  it  shall  be 


26  COMMISSION  GOVERNMENT  IN  IOWA 

the  duty  of  the  council  to  reconsider  such  ordinance; 
and  if  the  same  is  not  entirely  repealed,  the  council 
shall  submit  the  ordinance  ...  to  the  vote  of  the 
electors  of  the  city,  either  at  the  general  election  or  at 
a  special  municipal  election  to  be  called  for  that  pur- 
pose; and  such  ordinance  shall  not  go  into  effect  or 
become  operative  unless  a  majority  of  the  qualified 
electors  voting  on  the  same  shall  vote  in  favor  there- 
of."36 

Effective  as  are  the  protest  and  the  referendum  as 
popular  checks  upon  undesirable,  not  to  say  improper, 
legislation,  they  are  after  all  only  the  negative  instru- 
ments of  democracy:  they  can  prevent  unwise  or  un- 
popular measures,  but  they  cannot  absolutely  compel 
the  adoption  of  desired  acts.  And  so,  that  the  wishes 
of  the  people  for  the  adoption  of  specific  measures  may 
not  be  thwarted  by  a  do-nothing  government,  the  Des 
Moines  Plan  includes  the  institution  of  the  popular 
initiative.  In  the  commission  cities  of  Iowa  any  pro- 
posed ordinance  may  at  any  time  be  submitted  to  the 
council  by  petition  from  the  electors,37  who  may  at  the 
same  time  request  that  such  ordinance  be  submitted  to 
a  vote  of  the  people  if  it  is  not  passed  by  the  council. 
Upon  receiving  such  petition  and  request  the  council 
may,  within  twenty  days,  pass  the  desired  ordinance 
without  alteration,  or  may  submit  it  without  alteration 
to  a  vote  of  the  people.  If  the  ordinance  is  approved 
by  the  electors  it  becomes  a  valid  and  binding  ordi- 
nance of  the  city.  Furthermore,  "any  ordinance  pro- 
posed by  petition,  or  which  shall  be  adopted  by  a  vote 


THE  DES  MOINES  PLAN  27 

of  the  people,  cannot  be  repealed  or  amended  except  by 
a  vote  of  the  people";  but  the  council  may  submit  a 
proposition  for  the  amendment  or  repeal  of  any  such 
ordinance  at  any  succeeding  general  city  election.38 

Publicity  is  fully  guaranteed  under  the  Des  Moines 
Plan  since  the  council  is  required  to  print  monthly  in 
pamphlet  form  a  "detailed  itemized  statement  of  all 
receipts  and  expenses  of  the  city  and  a  summary  of  its 
proceedings  during  the  preceding  months ' ',  and  at  the 
end  of  each  year  to  have  all  the  books  and  accounts  of 
the  city  examined  by  competent  accountants  and  to 
publish  the  results  of  such  examinations.39  Moreover, 
every  motion,  resolution,  or  ordinance  must  be  reduced 
to  writing  and  the  yea  and  nay  vote  thereon  recorded ; 
every  ordinance  or  resolution  appropriating  money,  or 
ordering  street  or  sewer  improvements,  or  making  or 
authorizing  the  making  of  a  contract,  or  granting  any 
franchise  must  remain  on  file  with  the  city  clerk  for 
public  inspection  at  least  one  week  before  its  final  pas- 
sage; meetings  of  the  council  to  which  anyone  not  a 
city  officer  is  admitted  are  open  to  the  public ;  and  pub- 
lication in  detail  of  campaign  contributions  and  ex- 
penses is  required  of  the  elective  officers. 

By  the  framers  of  the  Des  Moines  Plan  a  thorough 
going  merit  system  was  without  question  regarded  as 
essential  to  good  government  and  altogether  necessary 
to  non-partisan  administration.  And  so,  provision  was 
made  for  a  civil  service  commission  consisting  of  three 
persons  appointed  by  the  council  for  a  term  of  six 
years,  and  removable  for  cause  at  any  time  by  a  four- 


28  COMMISSION  GOVERNMENT  IN  IOWA 

fifths  vote  of  the  council.  In  cities  having  a  popula- 
tion of  25,000  or  over  the  appointment  of  such  a  civil 
service  commission  is  compulsory,  while  in  cities  hav- 
ing a  population  of  7,000  and  less  than  25,000  its  cre- 
ation is  left  to  the  discretion  of  the  council.  When, 
however,  no  commissioners  are  appointed  in  any  com- 
mission governed  city,  the  council  in  that  city  acts  as 
the  civil  service  commission.40 

With  the  exception  of  the  elective  positions  and  those 
specifically  designated  —  such  as  city  clerk,  solicitor, 
assessor,  treasurer,  auditor,  civil  engineer,  city  phy- 
sician, marshal,  market  master,  street  commissioner, 
library  trustees,  "commissioners  of  any  kind  (laborers 
whose  occupation  requires  no  special  skill  or  fitness), 
election  officials,  and  mayor's  secretary  and  assistant 
solicitor" — all  appointive  officers  and  employees  are 
elected  by  the  council  from  lists  of  persons  selected  by 
civil  service  examinations  conducted  semi-annually  by 
the  commission  and  certified  by  them  to  the  council.41 
Persons  holding  civil  service  positions  may  be  removed 
by  a  majority  vote  of  the  civil  service  commissioners 
for  misconduct  or  failure  to  perform  properly  their 
duties  under  rules  and  regulations  prescribed  by  the 
council.42  The  commission  reports  annually  to  the 
council,  and  submits  special  reports  whenever  re- 
quested. 

Since  the  establishment  of  commission  government 
in  Iowa  in  1907  three  cities  of  the  first  class,  two  of  the 
second  class,  and  two  with  special  charters  have  adopt- 
ed the  plan.    Under  the  provisions  of  the  act  of  1907 


THE  DES  MOINES  PLAN  29 

only  seven  cities  had  the  requisite  population  of  25,000 
or  over;  while  under  the  amendment  of  1909  the  new 
plan  was  opened  to  nineteen  cities.  Des  Moines,  for 
the  relief  of  which  as  a  matter  of  fact  the  commission 
scheme  was  originally  written  into  the  statutes  of  the 
state,  was  the  first  to  adopt  the  plan  at  a  special  elec- 
tion held  on  June  20,  1907  —  the  vote  being  6,376  for 
and  2,087  against.  The  second  adoption  was  by  Cedar 
Rapids  on  December  2,  1907,  where  the  plan  carried  by 
the  small  margin  of  thirty-three  votes  on  a  light  poll.43 
Since  1907  five  additional  adoptions  have  been  accom- 
plished as  follows :  Keokuk  on  July  1, 1909 ;  Burlington 
on  November  29,  1909;  Sioux  City  on  February  16, 
1910;  Marshalltown  on  July  15,  1910;  and  Fort  Dodge 
on  August  15,  1910.  It  is  of  interest  to  note  that  in 
1908  Sioux  City  rejected  the  plan  by  a  majority  of  328 
votes,  but  recorded  a  majority  of  753  for  adoption  in 
1910.  Davenport  rejected  the  plan  by  a  majority  of 
398  in  January,  1908.44  The  exact  dates  upon  which 
commission  government  went  into  operation  in  the 
seven  cities  which  have  adopted  the  plan  are:  Des 
Moines  and  Cedar  Rapids,  April  6, 1908 ;  Keokuk,  Bur- 
lington, and  Sioux  City,  April  4,  1910;  Marshalltown 
and  Fort  Dodge,  April  3,  1911. 

The  Des  Moines  Plan  has,  moreover,  stood  the  test 
of  judicial  construction  in  both  the  District  Court  and 
the  Supreme  Court.  Its  constitutional  status  was  ably 
discussed  and  the  legality  of  its  provisions  first  fully 
upheld  by  James  A.  Howe,  Judge  of  the  District  Court 
for  Polk  County,  in  an  opinion45  rendered  on  Novem- 


30  COMMISSION  GOVERNMENT  IN  IOWA 

ber  23,  1907.  The  case  was  then  appealed  to  the  Su- 
preme Court  where  it  was  finally  determined  at  the 
January  term  in  1908  and  reported  as  "S.  A.  Eckerson, 
Appellant  vs.  City  of  Des  Moines  et  al.,  Appellees ;  A. 
M.  Houston  et  al.,  Interveners,  Appellants."46  The 
decision,  which  was  written  by  Justice  Charles  A. 
Bishop,  is  comprehensive  and  on  every  count  affirms 
the  ruling  of  the  lower  court.  The  objections  to  the 
plan,  both  in  the  lower  court  and  in  the  Supreme  Court, 
were  for  the  most  part  based  upon  constitutional 
grounds. 

Briefly,  it  was  contended  that  the  plan  violated  the 
provision  of  the  Constitution  of  the  United  States 
which  guarantees  to  the  states  a  republican  form  of 
government ;  that  it  contravened  the  State  Constitution, 
which  provides  that  the  powers  of  the  government  shall 
be  divided  into  three  departments  (legislative,  execu- 
tive, and  judicial)  and  that  persons  charged  with  the 
exercise  of  powers  properly  belonging  to  one  depart- 
ment shall  not  perform  functions  appertaining  to  either 
of  the  others ;  that  in  establishing  commission  govern- 
ment the  General  Assembly  violated  the  constitutional 
provision  against  local  and  special  laws  for  the  incor- 
poration of  cities  and  towns ;  that  the  classification  of 
cities  provided  in  the  act  is  unwarranted  because  it  is 
arbitrary  and  because  it  is  not  shown  that  conditions 
call  for  any  such  classification ;  that  the  state  law  is  not 
uniform  in  its  operation ;  that  to  provide  for  adoption 
by  a  vote  of  the  people  is  an  unwarranted  delegation  of 
legislative  power;  that  the  recall  would  deprive  per- 


THE  DES  MOINES  PLAN  31 

sons  of  their  constitutional  right  to  certain  offices ;  that 
the  initiative  and  referendum  are  reymgnant  to  the 
State  Constitution,  which  vests  all  legislative  authority 
in  the  General  Assembly ;  and  that  the  provision  limit- 
ing the  names  which  may  appear  on  ballots  deprives 
the  voter  of  his  constitutional  right  to  vote  for  anyone 
he  chooses.  Without  going  into  the  arguments  as  pre- 
sented by  Justice  Bishop,  it  is  perhaps  sufficient  in  this 
connection  to  say  that  the  objections  cited  were  all 
overruled  and  the  validity  of  the  commission  plan  was 
sustained  on  every  count  by  the  Supreme  Court. 

The  time  during  which  the  Des  Moines  Plan  has  been 
in  operation  is  too  brief  and  the  number  of  municipali- 
ties carrying  on  the  experiment  too  small  to  warrant 
generalization  on  the  merits  of  the  scheme  from  experi- 
ence. Indeed,  it  will  take  many  times  three  years  and 
many  more  than  seven  cities  to  afford  a  sufficient  basis 
for  empirical  conclusions  as  to  the  permanent  value  of 
commission  government  in  Iowa.  At  the  same  time  it 
must  be  admitted  that  present  indications  seem  to  point 
in  the  direction  of  permanent  success.  In  the  first 
place  it  may  be  confidently  asserted  that  in  the  cities 
operating  under  commission  government  a  very  large 
majority  of  the  people  are  satisfied  with  the  results  — 
at  least  they  could  not  now  be  induced  to  go  back  to  the 
old  Federal  Plan  of  mayor  and  council.  Where  hopes 
and  anticipations  were  too  high,  where  the  people  ex- 
pected too  much  of  the  new  organization,  there  are  nat- 
urally some  signs  of  disappointment. 

Generally    speaking,   in   the   commission   governed 


32  COMMISSION  GOVERNMENT  IN  IOWA 

cities  of  Iowa  the  people  have  been  aroused  to  a  new 
sense  of  civic  responsibility.  They  are  more  actively 
concerned  in  the  problems  of  public  welfare,  and  they 
seem  possessed  of  a  wholesome  spirit  of  hopefulness. 
Public  opinion  has  been  unified  and  makes  itself  felt 
along  direct  lines.  Will  this  state  of  mind  continue  for 
any  length  of  time  1  Or,  is  it  born  simply  of  the  enthu- 
siasm for  change?  The  most  conspicuous  gain  is  seen 
in  the  fact  that  everywhere  the  old  political  machines 
have  been  smashed,  bosses  dethroned,  and  ward  politics 
wiped  out.  Thus  far  there  have  been  no  conspicuous 
evidences  of  graft ;  and  appointments  have  for  the  most 
part  been  made  upon  merit  instead  of  for  political  or 
personal  considerations.  Moreover,  the  relations  be- 
tween the  city  and  the  franchise-holding  corporations 
have  been  altogether  freer  and  have  been  maintained 
with  less  friction  than  under  the  old  system.  Public 
affairs  have  been  put  upon  a  business  basis,  and  up-to- 
date  business  methods  are  everywhere  employed. 
Bookkeeping  and  accounting  have  been  reduced  to  an 
intelligible  system.  Streets  and  alleys  are  better  im- 
proved and  cleaned.  The  complaints,  requests,  and  pe- 
titions of  the  citizens  receive  immediate  attention. 
Promptness  has  taken  the  place  of  hopeless  procrasti- 
nation. Policies  of  the  government  are  unified,  and  the 
administration  generally  is  more  economical  and  more 
efficient.  Laws,  especially  those  preventing  or  regulat- 
ing vice,  are  better  and  more  uniformly  enforced. 

Perhaps  the  greatest  disappointment  in  the  workings 
of  the  Des  Moines  Plan  in  Iowa  is  in  the  selection  of 


THE  DES  MOINES  PLAN  33 

the  members  of  the  council,  for  it  is  a  fact  that  the 
elections  have  not  always  resulted  in  the  selection  of 
really  capable  and  efficient  men.  To  be  sure  the  com- 
mission councils  have  thus  far  seemed  to  average  high- 
er and  better  all  around  than  the  councils  under  the  old 
organizations ;  but  the  new  plan  by  placing  greater  re- 
sponsibility upon  the  elective  officers  requires  a  cor- 
respondingly higher  grade  of  competency.  To  the 
observer  it  would  appear  that  neither  the  electorate  nor 
the  council  are  sufficiently  impressed  with  the  great 
necessity  of  efficiency  in  the  selection  of  men  for  public 
positions.  Nor  has  the  best  talent  thus  far  been  at- 
tracted to  the  elective  positions.  This  is  not  surprising 
in  view  of  the  small  salaries  allowed  and  the  absence 
of  compelling  ideals  of  devotion  to  the  public  service. 
From  the  standpoint  of  the  salaries  paid  it  can  not  be 
complained  that  the  commission  cities  do  not  receive  a 
quid  pro  quo. 

On  the  whole  the  Des  Moines  Plan  is  an  improvement 
and  its  widespread  adoption  will,  it  is  believed,  further 
the  interests  of  good  city  government  in  Iowa.  Much 
will  depend  upon  the  intelligence,  the  alertness,  and  the 
ideals  of  the  electorate. 

"But,  lastly,  when  all  is  said,  there  is  hardly  one 
frame  of  government  in  the  world  so  ill  designed  by  its 
first  founders,  that,  in  good  hands,  would  not  do  well 
enough ;  and  story  tells  us,  the  best,  in  ill  ones,  can  do 
nothing  that  is  great  or  good.  .  .  .  Governments, 
like  clocks,  go  from  the  motion  men  give  them ;  and  as 
governments   are   made   and  moved   by   men,   so   by 


34  COMMISSION  GOVERNMENT  IN  IOWA 

them  they  are  ruined  too.  Wherefore  governments 
rather  depend  upon  men,  than  men  upon  governments. 
Let  men  be  good,  and  the  government  cannot  be  bad ;  if 
it  be  ill,  they  will  cure  it.  But,  if  men  be  bad,  let  the 
government  be  never  so  good,  they  will  endeavor  to 
warp  and  spoil  it  to  their  turn. 

' '  I  know  some  say,  let  us  have  good  laws,  and  no  mat- 
ter for  the  men  that  execute  them:  but  let  them  con- 
sider, that  though  good  laws  do  well,  good  men  do 
better ;  for  good  laws  may  want  good  men,  and  be  abol- 
ished or  evaded  by  ill  men;  but  good  men  will  never 
want  good  laws,  nor  suffer  ill  ones.  It  is  true,  good 
laws  have  some  awe  upon  ill  ministers,  but  that  is 
where  they  have  not  power  to  escape  or  abolish  them, 
and  the  people  are  generally  wise  and  good ;  but  a  loose 
and  depraved  people  (which  is  the  question)  love  laws 
and  an  administration  like  themselves.  That,  there- 
fore, which  makes  a  good  constitution,  must  keep  it, 
viz.,  men  of  wisdom  and  virtue."47 


NOTES  AND  REFERENCES 

1  The  term  ' '  Commission  Government ' '  was  at  first  some- 
what misleading  in  that  the  word  "commission"  has  usually 
implied  an  appointive  body. —  Cf.  Beard 's  Digest  of  Short 
Ballot  Charters,  p.  10201. 

2  For  lists  of  the  towns  and  cities  of  Iowa  and  their  popula- 
tion statistics  see  The  Iowa  Official  Register  for  1911-1912,  pp. 
633-653. 

3  Cf.  Horack's  The  Government  of  Iowa,  pp.  125-130. 

4  Hamilton's  The  Dethronement  of  the  City  Boss,  pp.  59,  92, 
93.  For  an  account  of  the  meeting  of  November  16th,  see  The 
Register  and  Leader,  Fifty-sixth  Year,  No.  139,  November  18, 
1905. 

5  Mr.  Freeman  W.  Conway  and  Mr.  Charles  "W.  Johnson  are 
credited  with  "definite  utterances"  in  approval  of  commission 
government  prior  to  its  advocacy  by  Berryhill  and  Ingham. 
Indeed,  as  early  as  1903  the  Committee  on  Law  Reform  of  the 
Iowa  State  Bar  Association  submitted  the  following  recom- 
mendation at  the  Des  Moines  meeting,  which  was  held  on  July 
16th  and  17th  :— 

"That  the  municipal  government  of  cities  of  Iowa  should  be 
vested  in  a  council  of  three  aldermen,  whose  term  of  office 
should  be  three  years,  after  the  first  council  the  members  of 
which  should  serve  respectively  one,  two  and  three  years,  to  be 
determined  by  lot;  thereafter  one  alderman  to  be  elected  an- 
nually ;  such  aldermen  in  all  cases  to  be  elected  by  a  vote  of  the 
whole  city,  and  vacancies  to  be  filled  by  special  elections ;  such 
councils  to  be  vested  with  all  the  present  powers  of  city  coun- 
cils, and  to  elect  one  of  their  members  as  mayor  to  exercise  all 

35 


36  COMMISSION  GOVERNMENT  IN  IOWA 

the  duties  of  mayor,  as  defined  by  law ;  such  aldermen  to  be 
paid  from  two  thousand  to  five  thousand  dollars  per  year  de- 
pending upon  the  class  of  the  city,  with  additional  compensa- 
tion to  the  mayor ;  all  to  be  fixed  by  law ;  the  said  aldermen  and 
mayor  to  be  required  to  devote  their  entire  time  to  the  dis- 
charge of  their  duties." — Proceedings  of  the  Ninth  Annual 
Meeting  of  the  loiva  State  Bar  Association,  pp.  60,  61. 

At  the  next  meeting  of  the  Iowa  State  Bar  Association  this 
recommendation  was  ably  supported  by  Col.  Charles  A.  Clark 
of  Cedar  Rapids,  in  a  paper  covering  five  pages  of  the  printed 
Proceedings.  At  the  conclusion  of  the  reading  of  Col.  Clark's 
paper  the  recommendation  of  the  committee  was  adopted  by 
the  Association. —  Proceedings  of  the  Tenth  Annual  Meeting 
of  the  loiva  State  Bar  Association,  pp.  59,  129-134. 

6  Hamilton's  The  Dethronement  of  the  City  Boss,  p.  105. 

7  This  bill,  introduced  in  the  Senate  as  File  No.  101  and  in 
the  House  as  File  No.  127,  was  entitled  ' '  A  Bill  for  An  Act  to 
provide  for  the  Government  of  Certain  Cities.  (Amending 
Title  V  of  the  Code.)" 

8  Hamilton's  The  Dethronement  of  the  City  Boss,  p.  107. 

9  The  replies  to  the  letter  of  inquiry  sent  out  by  The  Register 
and  Leader  were  published  in  full.  A  summary  of  the  views 
expressed  shows:  117  for  a  change  in  the  city  charter;  3 
against  a  change ;  62  for  the  Galveston  Plan ;  26  for  the  Indian- 
apolis Plan ;  13  had  no  choice ;  16  for  the  elimination  of  parti- 
sanship ;  24  for  the  proposed  Berryhill-Baily  discussion ;  and  2 
opposed  to  such  a  discussion. —  The  Register  and  Leader,  Vol. 
LVII,  No.  195,  January  13,  1907. 

The  Capital  ballot  stood  as  follows:  1,094  for  a  change;  23 
against  a  change ;  606  for  the  Galveston  Plan ;  and  412  for  the 
Indianapolis  Plan. —  Hamilton's  The  Dethronement  of  the 
City  Boss,  p.  109. 

10  The  Des  Moines  Capital,  Vol.  XXIII,  No.  310,  February 


THE  DES  MOINES  PLAN  37 

1,  1907 ;  The  Register  and  Leader,  Vol.  LVII,  No.  215,  Febru- 
ary 2,  1907. 

11  Laws  of  Iowa,  1907,  p.  38.  Should  the  population  of  any 
city  operating  under  commission  government  show  a  decrease 
by  a  subsequent  census  no  such  reduction  ' '  shall  have  any  ef- 
fect upon  the  organization,  rights,  powers,  duties  or  obliga- 
tions of  such  city  or  any  of  its  officers,  but  the  same  shall  con- 
tinue and  remain  as  though  no  such  reduction  or  apparent 
reduction  of  population  was  made  to  appear. " —  Laivs  of  Iowa, 
1911,  p.  40. 

12  Laws  of  Iowa,  1909,  p.  53. 

13  Laws  of  Iowa,  1909,  pp.  53-63 ;  Laws  of  Iowa,  1911,  pp. 
37-40. 

14  Hamilton's  The  Dethronement  of  the  City  Boss,  pp.  64,  69. 

15  The  number  must  equal  twenty-five  per  cent  of  the  votes 
cast  for  all  candidates  for  mayor  at  the  last  preceding  city 
election.  If  the  city  is  located  in  two  or  more  townships  the 
petition  must  be  signed  by  ten  per  cent  of  the  qualified  electors 
of  the  city  resident  in  each  township. —  Laics  of  Iowa,  1909, 
pp.  53,  54;  Laws  of  Iowa,  1911,  p.  37. 

16  The  council  may  elect  the  officers  named  in  the  statute  at 
this  first  meeting  "or  as  soon  as  practicable  thereafter". — 
Laws  of  Iowa,  1909,  p.  57. 

17  Laws  of  Iowa,  1907,  p.  48 ;  Laws  of  Iowa,  1909,  p.  58. 

18  In  cities  having  a  population  of  7,000  and  less  than  10,000 
the  salary  of  mayor  is  $600,  of  councilman  $450 ;  in  cities  hav- 
ing a  population  of  10,000  and  less  than  15,000  the  salary  of 
mayor  is  $1,200,  of  councilman  $900 ;  in  cities  having  a  popula- 
tion of  15,000  and  less  than  25,000  the  salary  of  mayor  is 
$1,500,  of  councilman  $1,200 ;  in  cities  having  a  population  of 
25,000  and  less  than  40,000  the  salary  of  mayor  is  $2,500,  of 
councilman  $1 ,800 ;  in  cities  having  a  population  of  40,000  and 


J22407 


38  COMMISSION  GOVERNMENT  IN  IOWA 

less  than  60,000  the  salary  of  the  mayor  is  $3,000,  of  council- 
man $2,500;  and  in  cities  having  a  population  of  60,000  or 
more  the  salary  of  the  mayor  is  $3,500,  of  councilman  $3,000. 
—  Laws  of  Iowa,  1909,  p.  58. 

19  The  exact  wording  of  the  clause  conferring  powers  and 
duties  upon  the  council  is  as  follows: — 

' '  The  council  shall  have  and  possess,  and  the  council  and  its 
members  shall  exercise  all  executive,  legislative  and  judicial 
powers  and  duties  now  had,  possessed  and  exercised  by  the 
mayor,  city  council,  solicitor,  assessor,  treasurer,  auditor,  city 
engineer  and  other  executive  and  administrative  officers  in 
cities  of  the  first  and  second  class,  and  in  cities  under  special 
charter,  and  shall  also  possess  and  exercise  all  executive,  legis- 
lative and  judicial  powers  and  duties  now  had  and  exercised 
by  the  board  of  public  works,  park  commissioners,  the  board 
of  police  and  fire  commissioners,  board  of  water  works  trus- 
tees, and  board  of  library  trustees  in  all  cities  wherein  a  board 
of  public  works,  park  commissioners,  board  of  police  and  fire 
commissioners,  board  of  water  works  trustees,  and  board  of 
library  trustees  now  exist  or  may  be  hereafter  created." — 
Laws  of  Iowa,  1909,  p.  57. 

20  "  In  cities  having  a  population  of  less  than  twenty-five 
thousand  such  only  of  the  above  named  officers  shall  be  ap- 
pointed as  may,  in  the  judgment  of  the  mayor  and  councilmen 
be  necessary  for  the  proper  and  efficient  transaction  of  the 
affairs  of  the  city. ' ' —  Laws  of  Iowa,  1909,  p.  57. 

The  power  of  removal  in  certain  cases  is  of  course  con- 
ditioned by  civil  service  regulations. 

21  The  Des  Moines  Plan  conforms  to  the  short  ballot  prin- 
ciple of  "conspicuous  responsibility"  since  under  its  pro- 
visions only  those  offices  are  elective  "which  are  important 
enough  to  attract  (and  deserve)  public  examination",  and 
very  few  offices  are  filled  by  election  at  one  time. —  See  defini- 


THE  DES  MOINES  PLAN  39 

tion  of  "Short  Ballot  Charter"  in  Beard's  Digest  of  Short 
Ballot  Charters,  p.  10201. 

22  The  double  election  was  made  a  feature  of  the  Des  Moines 
Plan  upon  the  suggestion  of  Governor  A.  B.  Cummins. —  Ham- 
ilton 's  The  Dethronement  of  the  City  Boss,  pp.  158,  159. 

23  Laws  of  Iowa,  1909,  pp.  54,  55,  56. 

24  Laws  of  Iowa,  1907,  pp.  44,  46 ;  Laws  of  Iowa,  1911,  p.  39. 

25  The  number  must  equal  at  least  twenty-five  per  cent  of  all 
the  votes  cast  for  mayor  at  the  last  preceding  city  election. — 
Laws  of  Iowa,  1907,  p.  47. 

26  The  number  in  this  case  must  equal  at  least  ten  per  cent 
of  all  the  votes  cast  for  mayor  at  the  last  preceding  city  elec- 
tion.—  Laws  of  Iowa,  1909,  p.  59. 

27  It  would  doubtless  be  fair  to  presume  that  such  a  vacancy 
could  be  filled  by  the  city  council. 

28  Laws  of  Iowa,  1909,  p.  57. 

29  Laws  of  Iowa,  1909,  p.  57. 

30  Laws  of  Iowa,  1907,  p.  43. 

31  Laws  of  Iowa,  1907,  p.  42 ;  Laws  of  Iowa,  1909,  p.  57. 

32  The  prohibition  of  free  transportation  does  not  apply  to 
policemen  or  firemen  in  uniform. —  Laws  of  Iowa,  1907,  p.  44. 

33  Laws  of  Iowa,  1907,  pp.  43,  44. 

34  Laws  of  Iowa,  1907,  p.  44. 

35  The  exception  is  worded  as  follows:  "Except  when  other- 
wise required  by  the  general  laws  of  the  state  or  by  the  pro- 
visions of  this  act,  except  an  ordinance  for  the  immediate  pres- 
ervation of  the  public  peace,  health  or  safety,  which  contains  a 
statement  of  its  urgency  and  is  passed  by  a  two-thirds  vote  of 
the  council". — Laws  of  Iowa,  1907,  p.  48. 

36  Laws  of  Iowa,  1907,  p.  48. 


40  COMMISSION  GOVERNMENT  IN  IOWA 

37  The  number  of  petitioners  must  equal  twenty-five  per 
cent  of  all  votes  cast  for  mayor  at  the  last  preceding  city 
election. —  Laws  of  Iowa,  1907,  p.  47. 

38  Laws  of  Iowa,  1907,  p.  48. 

39  Laws  of  Iowa,  1907,  p.  46. 

40  Laws  of  Iowa,  1909,  p.  58. 

41  Originally  the  chief  of  the  fire  department  was  appointed 
by  the  council  and  did  not  belong  to  the  civil  service.  But  in 
1911  the  General  Assembly  empowered  the  civil  service  com- 
mission to  appoint  the  chief  of  the  fire  department. —  Laws  of 
Iowa,  1911,  p.  39. 

42  Ample  provisions  are  made  for  appeals  and  hearings  in 
cases  of  suspension  or  removal  from  office. —  Laivs  of  Iowa, 
1911,  pp.  38,  39. 

43  An  account  of  the  campaign  for  adoption  may  be  found 
in  Chapter  XIV  of  Hamilton 's  The  Dethronement  of  the  City 
Boss. 

44  Davenport  Times,  January  13,  1908. 

43  Judge  Howe 's  opinion  is  given  in  full  as  Appendix  E  in 
Hamilton's  The  Dethronement  of  the  City  Boss. 

46  See  137  Iowa  452. 

47  From  the  preface  to  William  Penn  's  Frame  of  Govern- 
ment for  Pennsylvania,  1682. —  Poore  's  Charters  and  Consti- 
tutions, Vol.  II,  p.  1519. 


INDEX 


Accountants,  examination  of  books 
by,  27 

Accounts,  examination  of,  27;  sys- 
tem in,  32 

Accounts  and  Finances,  Depart- 
ment of,  21,  22 

Administration,  inefficiency  in,  9 

Administrative  powers,  distribu- 
tion of,  21,  22 

Aldermen,  8 

Allen,  Silas  B.,  12 

Alleys,  improved  condition  of,  32 

American  Academy  of  Political  and 
Social  Science,  Annals  of  the,  5 

Appropriations,  checks  on,  24 

Assessor,  8,  28;  election  of,  16 

Assistant  Solicitor,  28 

Assistants,  appointment  of,  16;  de- 
termination of  duties  of,  21 

Auditor,  election  of,  16;  reference 
to,  28 

Authority,  centralization  of,  17 

Baily,  William  H.,  12 
Balances,  checks  and,  9,  17 
Ballot,  placing  of  names  on,  17,  18, 
19,  21,  31;  absence  of  party  des- 
ignation   on,    20;     principle    of 
short,  38 
Ballot  boxes,  stealing  of,  10 
Bar   Association,   Iowa   State,   rec- 
ommendation of,  35,  36 
Berryhill,  James  G.,  agitation  for 
commission  plan   by,   10;    report 


on    Galveston    Plan   by,    10,    11; 
reference  to,  12,  13,  35 
Bishop,    Charles    A.,    constitution- 
ality of  Des  Moines  Plan  upheld 
by,  30,  31 
Boss  rule,  effort  to  eliminate,  20 
Bosses,  dethronement  of,  32 
Bribery,  10;  punishment  for,  19 
Burlington,  adoption  of  Des  Moines 
Plan  by,  29 

Campaign    committee,    prohibition 

of  contributions  to,  20 
Campaign    contributions    and    ex- 
penses, publication  of,  27 
Candidates,  method  of  nominating, 
17,    18;    arrangement    of   names 
of,  on  ballot,  18;  punishment  of 
paid  service  for,  19 
Cedar    Rapids,     adoption    of    Des 

Moines  Plan  by,  13,  29 
Charter  cities,  special,  7,  8,  15,  28 
Charter  committee,  members  of.  12 
Checks  and  balances,  9,  17 
Cities   (Iowa),  classification  of,  7; 
number   of,   7,   8;    governmental 
organization  of,  8,  9;  corruption 
in  government  of,  9,  10;  act  for 
government  of  certain,  12 ;  class 
of,  given  privilege  of  Des  Moines 
Plan,    14;    continuance    of    laws 
governing,   15;    abandonment   of 
commission   government   by,   15; 
provision  for  police  court  in,  16 ; 


41 


42 


COMMISSION  GOVERNMENT  IN  IOWA 


short   ballot    government    in,    17 

City  Clerk,  8,  28;  election  of,  16; 
ordinances  on  file  with,  24,  25 

City  government,  new  plan  of,  7, 
14;  checks  upon,  17 

City  hall,  character  of,  10 

City  officers,  election  of,  15 

City  Physician,  8,  16,  28 

Civil  Engineer,  election  of,  16; 
reference  to,  28 

Civil  Service  Commission,  provision 
for,  27,  28;  powers  of,  28 

Clark,  Charles  A.,  36 

Colonies,  political  experiences  of,  14 

Commercial  Club  of  Des  Moines, 
meeting  called  by,  10;  jury  cho- 
sen by,  12 

Commission  government,  experi- 
mental character  of,  7;  reasons 
for  establishment  of,  10;  opera- 
tion of,  in  Galveston,  10;  agita- 
tion for,  in  Des  Moines,  10-12; 
defeat  of  bill  to  establish,  11; 
establishment  of,  in  Iowa,  12, 
13;  new  species  of,  13;  method 
of  adoption  of,  14,  15;  former 
laws  in  force  under,  15;  provis- 
ion for  abandonment  of,  15 ;  sim- 
plicity of,  15,  16;  officials  under, 
15,  16;  democracy  of,  17;  short 
ballot  principle  in,  17;  preven- 
tion of  corrupt  practices  under, 
19,  20;  cities  operating  under, 
28,  29;  results  of  workings  of, 
31,  32;  meaning  of  term,  35 

Competency,  need  for  greater,  33 

Constitution  of  United  States,  14 

Constitutionality  of  Des  Moines 
Plan,  testing  of,  29-31 

Contracts,  checks  on  making  of,  24 

Conway,  Freeman  W.,  35 


Corrupt  practices,  prevention  of, 
at  elections,  19,  20 

Corruption  in  municipal  govern- 
ment, 9,  10 

Council,  description  of,  in  Iowa 
municipalities,  8 ;  graft  among 
members  of,  10;  composition  of, 
16;  powers  and  duties  of,  16,  38; 
appointive  power  of,  16;  author- 
ity and  responsibility  centralized 
in,  17;  relation  between  elector- 
ate and,  17;  filling  of  vacancy 
in,  19 ;  operation  of  recall  of 
members  of,  20,  21;  distribution 
of  powers  by,  21,  22;  elasticity 
of,  22;  meetings  of,  22,  23; 
president  and  vice  president  of, 
22,  23 ;  voting  in,  23 ;  quorum  in, 
23;  record  of  actions  of,  23; 
protest  against  ordinance  of,  25, 
26;  ordinance  submitted  to, 
through  initiative,  26,  27;  pub- 
licity of  actions  of,  27;  civil 
service  commission  appointed  by, 
27,  28;  reports  of  civil  service 
commission  to,  28;  character  of 
members  of,  32,  33 

Councilmen,  election  of,  15,  16,  17- 
19;  assignment  of,  to  depart- 
ments, 15;  nomination  of  candi- 
dates for,  17,  18;  provisions  for 
recall  of,  20,  21;  salaries  of,  33, 
37 

Cummins,  A.  B.,  suggestion  of,  38 

Davenport,  rejection  of  Des  Moines 
Plan  by,  29 

Democracy,  institutional  forms  of, 
14 

Department  of  Accounts  and  Fi- 
nances, 21,  22 


THE  DES  MOINES  PLAN 


43 


Department   of   Parks   and   Public 

Property,  21,  22 
Department  of  Public  Affairs, 21, 22 
Department  of  Public  Safety,  21,22 
Department  of  Streets  and  Public 

Improvements,  21,  22 
Departments,    assignment    of,    15; 
list  of,   21;    Superintendents   of, 
22 
Des  Moines,  population  of,  S;  cor- 
ruption in  old  government  of,  9, 
10;     agitation     for     commission 
government  in,  10-12;   efforts  of 
citizens  of,  12,  13;   adoption  of 
commission  government  in,  13,  29 
Des  Moines  Capital,  The,  11;   bal- 
lot taken  by,  12 
Des  Moines  News,  The,  11 
Des   Moines   Plan,  passage   of  bill 
establishing,  12;  adoption  of,  by 
Des   Moines   and   Cedar   Eapids 
13;  modifications  of,  13;  progres 
sive  features  of,  13,  14;  method 
of    adoption    of,    14,    15;     sim 
plicity  of,  15,  16;  officers  under 
15,  16,  17;   centralization  of  au 
thority  and  responsibility  in,  17 
democracy  of,  17;  prevention  of 
corrupt  practices  under,  19,  20 
non-partisanship  under,  20;  oper 
ation    of    recall    under,    20,    21 
distribution     of     administrative 
duties  .under,  21,  22;  equality  in 
council  in,  23;   popular  vote  on 
franchises   under,   25;    provision 
for   initiative    in,    26;    publicity 
under,  27;   merit  system  in,  27; 
constitutionality   of,   upheld,   29- 
31 ;       constitutional      arguments 
against,  30,  31;  results  of  work- 
ings   of,    31-33;    disappointment 


in  workings  of,  32,  33 ;  short  bal- 
lot principle  in,  38 
District  Court  of  Polk  County,  Des 
Moines  Plan  upheld  by,  29,  30 

Earle,  I.  M.,  12 

Eckerson,  S.  A.,  vs.  City  of  Des 
Moines,  30 

Efficiency,  necessity  for,  33 

Election  officials,  28 

Elections,  method  of  holding,  14, 
15,  17-19;  prevention  of  corrupt 
practices  at,  19,  20;  holding  of, 
in  pursuance  of  recall,  20,  21 

Electorate,  relation  between  coun- 
cil and,  17;  responsibility  of,  33 

Employees,  determination  of  duties 
of,  21;  prohibitions  placed  upon, 
24;  selection  and  removal  of,  28 

Executive  power,  location  of,  16; 
distribution  of,  21,  22 

Expenses,  statement  of  receipts 
and,  27 

Federal  Plan,  8,  31 

Finances,  Department  of  Accounts 

and,  21,  22 
Fire    department,    prohibition    on 

members  of,  20 
Fort     Dodge,     adoption     of     Des 

Moines  Plan  by,  29 
Franchises,  checks  on  granting  of, 

24;    submission    of,    to    vote    of 

people,  25 
Franks,  acceptance  of,  prohibited, 

24 

Galveston,   commission   government 

in,  10 
Galveston    Plan,    discussion    of,   in 

Des  Moines,  11,  12;  vote  in  fa- 


44 


COMMISSION  GOVERNMENT  IN  IOWA 


vor  of,  12,  36;   reference  to,  13, 

14 
Graft,    existence   of,   in    municipal 

government,  9;  absence  of,  32 
Greater  Des  Moines  Committee,  11 

Hale,  William  G.,  commission  gov- 
ernment favored  by,  11 

Houston,  A.  M.,  30 

Howe,  James  A.,  Des  Moines  Plan 
upheld  by,  29,  30 

Improvements,  checks  on  ordering 
of,  24 

Indianapolis  Plan,  movement  in  fa- 
vor of,  12;  vote  for,  36 

Ingham,  Harvey,  agitation  for 
commission  government  by,  10, 
11;  reference  to,  13,  35 

Initiative,  14,  17;  operation  of,  26, 
27;  objection  to,  31 

Iowa,  municipal  experiment  in,  7; 
social  and  political  conditions  in, 
7;  population  of,  7;  classifica- 
tion of  cities  and  towns  in,  7; 
number  of  cities  and  towns  in, 
7,  8 ;  size  of  cities  in,  8 ;  features 
of  municipal  government  in,  8, 
9;  inefficiency  in  municipal  gov- 
ernment in,  9,  10;  reasons  for 
establishment  of  commission  gov- 
ernment in,  10;  establishment  of 
commission  government  in,  12. 
13;  short  ballot  government  in, 
17;  commission  government  cit- 
ies in,  28,  29;  improvement  of 
city  government  in,  33;  list  of 
towns  and  cities  of,  35 

Johnson,  Charles  W.,  35 
Judicial  power,  location  of,  16 


Keokuk,    adoption   of   Des    Moines 

Plan  by,  29 
King,  Clyde  L.,  5 

Laborers,  28 

Legislative  power,  location  of,  16 

Library   trustees,   election   of,    16; 

reference  to,  28 
Log-rolling,  10 

Machine  politics,  9;  effort  to  elim- 
inate, 20  ;  breaking  up  of,  32 

Market  Master,  election  of,  16; 
reference  to,  28 

Marshal,  8,  28;  election  of,  16 

Marshalltown,  adoption  of  Des 
Moines  Plan  by,  29 

Mayor,  powers  and  duties  of,  8,  23, 
24;  election  of,  15,  17-19;  refer- 
ence to,  16;  police  court  held  by, 
16;  nomination  of  candidates 
for,  17,  18;  position  of,  as  presi- 
dent of  council,  22 ;  salary  of,  37 

Mayor's  Secretary,  28 

Meetings  of  council,  22,  23 

Merit  system,  14,  32;  necessity  of, 
27 

Municipal  election,  method  of  hold- 
ing, 18,  19 

Municipal  government,  commission 
government  in  Iowa  an  experi- 
ment in,  7;  features  of,  in  Iowa, 
8,  9 ;  most  democratic  form  of, 
17;  recommendations  relative  to, 
35,  36 

Municipal  ownership,  25 

Municipalities,  defects  in  govern- 
ment of,  9,  10 

New  York,  misgovernment  in,  9 
Non-partisanship,  provision  for,  20 


THE  DES  MOINES  PLAN 


45 


Officers,  appointment  of,  16;  con- 
tributions to  elections  by,  pro- 
hibited, 20;  determination  of 
powers  of,  21 ;  prohibitions 
placed  upon,  24;  method  of  se- 
lection and  removal  of,  28 

Ordinances,  votes  necessary  for 
adoption  of,  23;  effect  of  protest 
on,  25,  26 ;  proposal  of,  by  initia- 
tive, 26,  27;  publicity  of,  27 

Parks  and  Public  Property,  De- 
partment of,  21,  22 

Partisanship,  evils  of,  9 

Party  designation,  absence  of,  on 
ballots,  20 

Passes,  acceptance  of,  prohibited, 
24 

Penalties  for  corrupt  practices,  19, 
20 

People,  responsibility  of  council- 
men  to,  20 

Petitions  for  adoption  of  commis- 
sion government,  14 

Petitions  for  candidates,  18 

Petitions  for  recall  of  councilmen, 
20 

Petitions  for  submission  of  ordi- 
nance, 26 

Petitions  of  protest,  25 

Philadelphia,  misgovernment  in,  9 

Police  court,  provision  for,  16 

Police  department,  prohibition  on 
members  of,  20 

Police  judge,  appointment  of,  16 

Policemen,  8 

Political  committee,  prohibition  of 
contributions  to,  20 

Political  machine,  smashing  of,  32 

Primary,  non-partisan,  14;  method 
of  holding,  17,  18 


Primary  ballot,  placing  of  names 
on,  17,  18 

Protest,  14,  17;  operation  of,  25, 
26 

Public  Affairs,  Department  of.  21, 
22 

Public  business,  responsibility  for 
conduct  of,  22 

Public  Improvements,  Department 
of  Streets  and,  21,  22 

Public  opinion,  unification  of,  32 

Public  Property,  Department  of 
Parks  and,  21,  22 

Public  Safety,  Department  of,  21, 
22 

Public  utilities,  restrictions  on  of- 
ficers relative  to,  24;  municipal 
ownership  of,  not  contemplated, 
25;  popular  vote  on  franchises 
for,  25 

Publicity,  provisions  for,  24,  25,  27 

Quorum  in  council,  23 

Bead,  John  M.,  12 

Eecall,  14,  17;  operation  of,  20,  21; 

objection  to,  30,  31 
Eeceipts    and    expenses,    statement 

of,  27 
Referendum,  14,  17,  26;   operation 

of,  25;  objection  to,  31 
Begister  and  Leader,  The,  10,  11; 

ballot  taken  by,  12 
Removal  of  officers,  method  of,  28 
Responsibility,     centralization     of, 

17;   provisions   for  securing,  20, 

21.;  fixing  of  individual,  22 

St.  Louis,  misgovernment  in,  9 
Salaries,  smallness  of,  33;  schedule 
of,  37 


46 


COMMISSION  GOVERNMENT  IN  IOWA 


San   Francisco,   misgovernment   in, 

9 
Separation   of   powers,   9 ;    absence 

of,  17 
Short  ballot  government,  17 
Sioux  City,  adoption  of  Des  Moines 

Plan  by,  29 
Solicitor,  election  of,  16;  reference 

to,  28 
State  constitutions,  first,  14 
Street   Commissioner,   8,   28;    elec- 
tion of,  16 
Streets,  improved  condition  of,  32 
Streets   and   Public   Improvements, 

Department  of,  21,  22 
Superintendent   of   Department   of 

Accounts  and  Finances,  position 

of,  in  Council,  22 
Superintendents  of  departments,  22 
Superior  Court,  16 
Supreme   Court,   Des   Moines   Plan 

upheld  by,  29-31 


Thirty-second     General     Assembly, 

10 ;  act  passed  by,  12,  13 
Thirty-third      General      Assembly, 

modifications  by,  13 
Thirty-fourth     General     Assembly, 

modifications  by,  13 
Towns    (Iowa),   population   of,   7; 

number  of,   7,   8;    corruption  in 

government  of,  9 
Treasurer,  8,  28 ;  election  of,  16 

Vacancy,  filling  of,  19 
Veto,  power  of,  8,  25 
Vice,  better  regulation  of,  32 
Voters,  bribery  of,  10 
Voting,  punishment  for  corruption 
in,  19,  20 

Ward  system,  evil  effects  of,  9,  10 

Young,  Lafayette,  Sr.,  commission 
government  favored  by,  11 


This  book  is  DUE  on  the  last  date  stamped  below 


Form  L-9 
£0m-12,'39(3386) 


A6C7s      Commission 

— guvui'LiiiiyuL 

in_IowaJL 


JS 
823.3 
A6C7s 


